Justice Anu Malhotra disallowed the plea by the Special Investigation Team (SIT), probing the riots cases, seeking to cancel the anticipatory bail of Kumar, saying that according to records, he was available throughout the investigation.
The available records indicate that pursuant of the orders (of the trial court), Sajjan Kumar has made himself available for investigation and it has been submitted on his behalf that he shall continue to do so, the court said in its 132-page order.
The court directed him to comply with all the conditions imposed on him by the trial court at the time of granting him anticipatory bail.
It also said that the SIT was not able to make out any ground for cancellation of anticipatory bail granted to Kumar.
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The high court had on December 12 last year reserved its order on the SITs plea seeking cancellation of anticipatory bail. The SIT had contended that the trial court order granting anticipatory bail to Kumar was perverse and overwhelming circumstances were ignored.
The Congress leader was granted anticipatory bail by the trial court on December 21, 2016 in two cases of killing of three Sikhs during the riots which had occurred after the assassination of then prime minister Indira Gandhi.
There two cases filed against Kumar fall in the jurisdictions of Janakpuri and Vikaspuri police stations in West Delhi.
The complaint in Janakpuri pertains to the killing of two Sikhs, Sohan Singh and his son-in-law Avtar Singh, on November 1, 1984 and in the other, where another Sikh, Gurcharan Singh, was burnt on November 2, 1984 in the jurisdiction of Vikaspuri police station. Gurcharan, who was half burnt, had remained bed-ridden for 29 years. He died three years ago.
The government SIT was set up on February 12, 2015, following a recommendation by the Home Ministry-appointed Justice (retd) G P Mathur committee, to reinvestigate 'serious cases' filed in Delhi relating to riots that followed the assassination of Indira Gandhi.
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